HomeMy WebLinkAboutRIGDEN FARM, PORTION OF TRACT A (NEW DAWN FORT COLLINS) - REZONING - 56-98AL - REPORTS - RECOMMENDATION/REPORT W/ATTACHMENTS� i B
M.
CITY OF FORT COLLINS STRUCTURE PLAN
With Proposed New Dawn Fort Collins Rezoning
and Structure Plan Amendment
La Porte
'P
~
2�
C
c
m
CSU
Foothills U
Campus
GMA
Expansion
Area
Lory
State
Park
A
m
N
O
Horsetooth
Mountain
Park
CR 54G
a
1
j Wellington
----------------------
W dsor
Fort Collins -
Wellington CR 56
Separator
-4. "Mulberry
long
Pond
Club
1
Indumm�ler _Mountain Vista
L.vko J
CSu u
!, Prospect
1 t ✓
csu
!m
lu
_ ► - SITE
tadlU J L I p S�.t
n IU
� Drake
1 t G
1 I
1 I ►F7
r._ Horsetooth
i
�— r- — N
—1-s-----------
�— --Ha —
=rJ
L 1
Zi
Wildflowe — e — Trilby,,
�� ea
C-arpenter
i Fort Collins -
s� Loveland
Separator
CRr38
., Loveland ~'
� 1
Boundaries Districts
IITx1 Fort Collins GMA Downtown District Industrial District
`_�
_ _*Potential GMA Expansion � Community Commercial District NBIghbOrhOOdS
fiiii
Other City GMA Eq_13 Commercial Corridor District G Urban Estate
Planning Area Neighborhood Commercial Center _ Low Density Mixed -Use
Adjacent Planning Areas - Campus District -_ Medium Density
Mixed -Use
^/ City Limits Employment District
Cobb
LAkB
SH 14
U Ir
--J
7imneth
Fort Collins - Ra=
Timnath
Separator
Timnath
FortCollins -
Timnath -
Windsor
Separator
SH 392
Windsor
0 0.5 1
0 Miles
Edges
Corridors
Community Separator
N Enhanced Travel Corridor (Transit)
Foothills
Poudre River Corridor
Poudre River
Rural Lands
Open Lands, Parks,
Stream Corridors
Adopted
November 29, 2005
New Dawn Fort Collins Rezoning
Nib
Proaosed Structure Plan
0
0
0
E DRAKE RD
C
9/26/2006
Legend N
Structure Plan Low Density Mixed -Use Neighborhoods
Land Use Medium Density Mixed -Use Neighborhoods
= Neighborhood Commercial District = Parcels 1 inch equals 300 feet
LMN
New Dawn Fort Collins Rezoning
Existina Structure Plan
ONR
O
E DRAKE RD
0
- CUS7E-R flR
Legend 9/26/2006 N
Structure Plan Low Density Mixed -Use Neighborhoods
Land Use _ - ,,,_„ Medium Density Mixed -Use Neighborhoods
= Neighborhood Commercial District Parcels
1 inch equals 300 feet
New Dawn Fort Collins Rezoning
Proposed Zonin
3
0
E DRAKE RD
X
LMN
9/26/2006
Legend N
City Zoning Medium Density Mixed -Use Neighborhood = Parcels
ZONE - Neighborhood Commercial
O Low Density Mixed -Use Neighborhood Q Urban Estate 1 inch equals 300 feet
New Dawn Fort Collins Rezoning
Existing Zoning
Legend
9/26/2006
N
City Zoning Medium Density Mixed -Use Neighborhood = Parcels
ZONE ® Neighborhood Commercial
= Low Density Mixed -Use Neighborhood Urban Estate 1 inch equals 300 feet
EXHIBIT A
P.O.C.------ — Basis of Bearing -------------------
NW CORNER SEC 29 89'2-'35" 10 a 69' _ Eosf Droke Rd.
FOUNp 5 —ALUM CAPS NORTH LINE NORTHWEST SEC. 29 Vons' R106r-Or- WAY
STAMPED "LS17497"
�-r.-otn
'
In
3
m
EAST LINE PER
o
I
ZONING ORDINANCE
NO. 244
rn
1l
LIMON DRIVE
✓V
P.O.B.
72' RCHT- Of- WAr
N 89'55'37" E 380.18'
\
S 48*52'11" E
56.41'
W
9R CyQo 6800o?g,
,
o
c
I
;99.
o
'
z
REZONE
L..I
<
I
PARCEL
z
LL
170413 SO. FT.
>
o
I
3.91 ACRES
NOTE
THIS DRAWING IS MEANT
DESCRIPTION AND IS FOR
IT DOES NOT REPRESENT
Ff. Collins
S 89'55'53" W 284.64'
TO DEPICT THE ATTACHED LEGAL
INFORMATIONAL PURPOSES ONLY.
A MONUMENTED LAND SURVEY.
R=600.00'
BRG_N 8 '�-'oUF90
21'47 W
R&R ENGINEERS —SURVEYORS, INC.
Sheet 710 WEST COLFAX AVE.
DENVER, COLORADO 80246
PH: 303-753-6730
of FAX: 303-753-6568
Exhibit A
Rezone Parcel
A tract of land located in the Northwest One -Quarter of Section 29, Township 7 North, Range 68
West of the 61h PM, County of Larimer, State of Colorado, more particularly described as
follows:
All bearings contained herein are based upon the north line of Northwest Quarter of said Section
29, assumed to bear South 89°26'35" East, 2641.75 feet, monumented as follows: a found 2.5"
aluminum cap stamped "LS 17497" at the Northwest Corner and a found 3.25" aluminum cap
stamped "LS 37963" at the North Quarter Corner, both of said Section 29.
Commencing at the Northwest Corner of said Section 29;
Thence South 89°26'35" East, 1084.69 feet; along the north line of said Northwest Quarter;
Thence South 00°18'56" West, 366.85 feet; along the centerline of Iowa Avenue to the Point of
Beginning;
Thence North 89°55'37" East, 380.18 feet along the centerline of Limon Drive and the extension
thereof the east line on a parcel of land as described in Ordinance #244 of 1998 of the City
of Fort Collins, amending the zoning map;
Thence South 48'52'11" East, 56.41 feet, along said east line;
Thence along said east line and the arc of a curve to the right, having a central angle of
13045'28", a radius of 680.00 feet, an arc length of 163.28, whose chord bears South
55°44'55" East, 162.89 feet;
Thence South 27°22'21" West 155.94 feet along said east line;
Thence along said east line and the are of a curve to the left, having a central angle of 10°33'02",
a radius of 600.00 feet, an arc length of 110.49 feet, whose chord bears South 22°05'50"
West, 110.33 feet;
Thence along said east line along the arc of a non -tangent curve to the left, having a central
angle of 15°24'40", a radius of 600.00 feet, an arc length of 161.39 feet, whose chord bears
North 82°21'47" West, 160.90 feet;
Thence South 89'55'53" West, 284.70 feet, along said east line, to the centerline of Iowa
Avenue;
Thence North 00°00'39" East, 347.96 feet, along the centerline of Iowa Avenue, to the Point of
Beginning.
The above described parcel contains 170,413 square feet, (3.91 acres) more or less.
CJ Biewenga PLS #23032
For and on behalf of
R&R Engineers -Surveyors, Inc.
710 West Colfax Avenue
Denver, Colorado 80204
Job #ND06066
September 6, 2006
REZONING PETITION
SIGNATURE PAGE
Rigden Farm, LLC
a Colorado limited liability company
By: Wolverine Management Group, Inc., its Manager
1 '0 1 f-� lr
By: Fred L. Croci, its PrbCdent
By: Sierra Resources Corporation, its Manager
By: / d J. Pietenpol, its President
State of Colorado
) ss.
County of Larimer )
The forgoing instrument was acknowledgd,pefore me this '/day of ,
20 Q!p , by Fred L. Croci, Preside nt�dl; y\a Management Group, In ., as Nfanager
of Rigden Farm, LLC as his/its voINact ed for the purpose set forth therein.
My Commission Expires /y'-
ini0i��` o\`
Expire �Notary Public
State of Colorado )
) ss.
County of Larimer )
The forgoing instrument was acknowledged before me this �aday of ,
20 A( , by David J. Pietenpol, President of Sierra Resources Corporation,✓as Mafiager of
Rigden Farm, LLC as his/its volunt,deed for the purpose set forth therein.
IP
My Commission Expires 04o0?
• _
of col
`,�\, Notary PulMe
2. THENCE ALONG THE ARC OF A TANGENT CURVE TO THE RIGHT, SAID
CURVE HAVING A DELTA OF 320 01'14" AND A RADIUS OF 286.72 FEET, AND
AN ARC LENGTH OF 160.24 FEET, THE CHORD OF SAID CURVE BEARING S
740 03'44" E, WITH A DISTANCE OF 158.16 FEET, TO A POINT OF TANGENCY;
3. THENCE S 580 03'09" E, A DISTANCE OF 111.91 FEET, TO A POINT OF
CURVATURE;
THENCE ALONG THE ARC OF A TANGENT CURVE TO THE RIGHT, SAID CURVE HAVING
A DELTA OF 85025'10" AND A RADIUS OF 15.00 FEET, AN ARC LENGTH OF 22.36 FEET,
THE CHORD OF SAID CURVE BEARING S 15020'34" E, WITH A DISTANCE OF 20.35 FEET,
TO A POINT OF TANGENCY, AND A POINT ON THE WESTERLY RIGHT-OF-WAY OF
KANSAS DRIVE; THENCE ON SAID WESTERLY RIGHT-OF-WAY THE FOLLOWING TWO (2)
COURSES:
13HENCE S 27022'01" W, A DISTANCE OF 106.32 FEET, TO A POINT OF
CURVATURE;
23HENCE ALONG THE ARC OF A TANGENT CURVE TO THE LEFT, SAID CURVE
HAVING A DELTA OF 02010'40" AND A RADIUS OF 631.50 FEET, AN ARC
LENGTH OF 24.00 FEET, THE CHORD OF SAID CURVE BEARING S 26016'41" W,
WITH A DISTANCE OF 24.00 FEET, TO A POINT OF NON -TANGENCY;
THENCE N 67037'45" W. A DISTANCE OF 32.58 FEET;
THENCE S 62015'38" W, A DISTANCE OF 90.83 FEET;
THENCE N 89044'06" W, A DISTANCE OF 302.04 FEET, TO A POINT ON SAID EASTERLY
RIGHT-OF-WAY OF IOWA AVENUE; THENCE N 00000'01" E, ON SAID EASTERLY RIGHT-
OF-WAY, A DISTANCE OF 251.43 FEET TO THE POINT OF BEGINNING, COUNTY OF
LARIMER, STATE OF COLORADO
Reason for Request: See attached letter of justification.
Please attach listing of names and addresses of all persons owning land (as per
Larimer County Assessor's office on date of request) within 500 feet of any
portion of the area under petition for rezoning.
Respectfully submitted,
Rigden Farm, LLC (signature page attached)
CITY OF FORT COLLINS
REZONING PETITION
Petitioner:
New Dawn Assisted Living 147 Halifax Road
Contact: Eric Boe Mahwah, NJ 07430
Owner:
Rigden Farm, LLC 1027 West Horsetooth Road, Suite 200
Contact: Fred Croci Ft. Collins, CO 80526
To the City Council of the City of Fort Collins, Colorado.
I (We), the undersigned, do hereby respectfully petition and request that the City
Council amend the zoning ordinance of the City of Fort Collins by changing the
zoning of the hereinafter described parcel, containing 2.5 acres, more or less,
from N-C zoning district to M-M-N zoning district:
Legal Description
A TRACT OF LAND LOCATED IN THE NORTHWEST ONE -QUARTER OF SECTION 29,
TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE 6T" PM, COUNTY OF LARIMER, STATE OF
COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BASIS OF BEARING: THE NORTH LINE OF SAID NORTHWEST ONE -QUARTER, BEING
MONUMENTED AT THE WEST END BY A 2.5" ALUMINUM CAP STAMPED "LS 17497" AND
AT THE EAST END BY A 3.25" ALUMINUM CAP STAMPED "LS 37963", IS ASSUMED TO
BEAR S 89026'35" E, WITH A DISTANCE OF 2641.75 FEET BETWEEN SAID MONUMENTS.
COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 29; THENCE S 89°26'35"
E, ON SAID NORTH LINE, A DISTANCE OF 1117.18 FEET; THENCE S 00 00'01" W, A
DISTANCE OF 63.09 FEET, TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF IOWA
AVENUE; THENCE S 00'01" W, ON SAID EASTERLY RIGHT-OF-WAY, A DISTANCE OF
252.38 FEET; THENCE S 00 00'01" W, A DISTANCE OF 101.92 FEET TO A POINT ON SAID
EASTERLY RIGHT-OF-WAY AND A POINT OF NON -TANGENCY, THE POINT OF
BEGINNING; THENCE ALONG THE ARC OF A NON -TANGENT CURVE TO THE RIGHT, SAID
CURVE HAVING A DELTA OF 89055'35" AND A RADIUS OF 15.00 FEET, AND ARC LENGTH
OF 23.54 FEET, THE CHORD OF SAID CURVE BEARING N 44057'49" E WITH A DISTANCE
OF 21.20 FEET, TO A POINT OF TANGENCY, AND A POINT ON THE SOUTHERLY RIGHT-
OF-WAY OF LIMON DRIVE; THENCE ON SAID SOUTHERLY RIGHT-OF-WAY THE
FOLLOWING THREE (3) COURSES:
1. THENCE N 890 55'37" E, A DISTANCE OF 204.65 FEET, TO A POINT OF
CURVATURE;
UE
jHAYM OW WAY
LMN
M
E DRAKE R
LIMON DR
NC
O
z
J
J
R
CUSTER DR
MMN
Ir
LMN
�ootihd\s Crane
N
#56-98AL Rigden Farm, Portion of Tract A, 9/6/2006
New Dawn Fort Collins Rezoning 1 inch equals 300 feet
New Dawn Fort Collins (Rigden Farm) Rezoning and Structure Plan Amendment
September 21, 2006 P & Z Meeting
Page 7
RECOMMENDATION
Staff recommends approval of the Structure Plan Amendment.
Staff recommends approval of the New Dawn Fort Collins (Rigden Farm)
Rezoning, #56-98AL.
New Dawn Fort Collins (Rigden Farm) Rezoning and Structure Plan Amendment
September 21, 2006 P & Z Meeting
Page 6
Will the rezoning have adverse effects on the natural environment?
No. Under either existing or proposed zoning, the same standards for protecting
the natural environment will apply.
Will the rezoning result in a logical and orderly development pattern?
Yes. As explained under the Structure Plan amendment, the rezoning will result
in a logical and orderly development pattern. Because of the interrelationship of
the NC and MMN zone districts, with overlapping uses, this small change to the
boundary will not disrupt the pattern.
As a point of fact, the applicant's expressed intent is to construct a Long -Term
Care Facility (assisted living) on this site. Long -Term Care Facilities are not
permitted in the NC - Neighborhood Commercial District but are permitted in the
MMN - Medium Density Mixed -Use Neighborhood District.
FINDINGS OF FACT/CONCLUSIONS
After reviewing the New Dawn Fort Collins (Rigden Farm) Rezoning and
Structure Plan Amendment, #56-98AL, staff makes the following findings of fact
and conclusions as explained above:
1. This request for a Structure Plan amendment would be consistent with the
City's Comprehensive Plan policies.
2. This rezoning request is consistent with the City's Comprehensive Plan based
on the Structure Plan amendment.
3. The proposed MMN — Medium Density Mixed -Use Neighborhood Zoning
District is appropriate for this property under the proposed arrangement.
4. The proposed rezoning would not result in significantly adverse impacts on
the natural environment.
5. The proposed rezoning would result in a logical and orderly pattern of
development.
New Dawn Fort Collins (Rigden Farm) Rezoning and Structure Plan Amendment
September 21, 2006 P & Z Meeting
Page 5
include neighborhood -oriented uses such as schools, employment, day care,
parks, small civic facilities, as well as residential uses.
This District is intended to function together with a surrounding Medium Density
Mixed -Use Neighborhood, which in turn serves as a transition and a link to larger
surrounding low -density neighborhoods. The intent is for the component zone
districts to form an integral, town -like pattern of development with this District as
a center and focal point; and not merely a series of individual development
projects in separate zone districts."
• Purpose of the MMN — Medium Density Mixed -Use Neighborhood
District:
The purpose of the MMN District (Section 4.5 of the Land Use Code) is to be "a
setting for concentrated housing within easy walking distance of transit and a
commercial district. Secondarily, a neighborhood may also contain other
moderate -intensity complementary and supporting land uses that serve the
neighborhood. These neighborhoods will form a transition and a link between
surrounding neighborhoods and the commercial core with a unifying pattern of
streets and blocks. Buildings, streets, bike and walking paths, open spaces and
parks will be configured to create an inviting and convenient living environment."
5. Staff analysis - rezoning request.
Is the request consistent with the City's Comprehensive Plan?
Yes, if the Structure Plan Amendment is supported, then the zoning logically
follows.
Have conditions changed in the neighborhood to warrant the rezoning?
Yes, to the extent that a supermarket -anchored neighborhood shopping center
has already been developed in Rigden Farm and that there are still 6 acres of
land zoned Neighborhood Commercial on properties between this property and
the shopping center.
Is the rezoning request compatible with existing and proposed uses surrounding
the subject land and is it the appropriate zoning district for the land?
Yes, as covered by evaluation of the Structure Plan Amendment
New Dawn Fort Collins (Rigden Farm) Rezoning and Structure Plan Amendment
September 21, 2006 P & Z Meeting
Page 4
In order to recommend approval of this proposal, staff and the Planning and
Zoning Board would have to find that the rezoning is:
(a) consistent with the City's Comprehensive Plan; and/or
(b) warranted by changed conditions within the neighborhood surrounding and
including the subject property."
The above criteria are found in subsection 2.9.4[H][2] of the Land Use Code
outlines mandatory requirements for quasi-judicial rezonings. In addition, the
following subsection 2.9.4[H][3] lists additional factors that may be considered
along with the mandatory requirements for this type of quasi-judicial rezoning, as
follows:
"In determining whether to recommend approval of any such proposed
amendment, the Planning and Zoning Board and City Council may consider the
following additional factors:
(a) whether and the extent to which the proposed amendment is compatible with
existing and proposed uses surrounding the subject land, and is the
appropriate zone district for the land;
(b) whether and the extent to which the proposed amendment would result in
significantly adverse impacts on the natural environment, including but not
limited to, water, air, noise, stormwater management, wildlife, vegetation,
wetlands and the natural environment'; and
(c) whether and the extent to which the proposed amendment would result in a
logical and orderly development pattern."
Purpose Statements of the Zone Districts. For convenient reference, the
purpose statements of the two zone districts in question are listed below.
• Purpose of the NC — Neighborhood Commercial District:
The purpose of the NC District (Section 4.19 of the Land Use Code) is to be "a
mixed -use commercial core area anchored by a supermarket or grocery store
and transit stop. The main purpose of this District is to meet consumer demands
for frequently needed goods and services, with an emphasis on serving the
surrounding residential neighborhoods typically including a Medium Density
Mixed -Use Neighborhood. In addition to retail and service uses, the District may
New Dawn Fort Collins (Rigden Farm) Rezoning and Structure Plan Amendment
September 21, 2006 P & Z Meeting
Page 3
To recommend approval of this proposal, staff and the Planning and Zoning
Board have to find that: 1) the existing Structure Plan is in need of change; and
2) the proposed changes would promote the public welfare and be consistent
with the vision, goals, principles, and policies of City Plan. These are the
applicable criteria, contained in Appendix C of City Plan.
The Structure Plan currently designates this parcel as Neighborhood Commercial
Center, primarily based on the approved Rigden Farm, Overall Development
Plan (ODP).
3. Staff Evaluation - Structure Plan Amendment
Neighborhood Commercial Center. The parcel is shown on the approved
Rigden Farm ODP to be part of a larger grouping of proposed Neighborhood
Commercial Center uses. The westerly 10 acres of that parcel has already
developed as a neighborhood shopping center, with a supermarket as its anchor.
There is still approximately 6 acres of land designated as Neighborhood
Commercial Center between the shopping center and this property.
Medium Density Mixed -Use Neighborhood. City Plan calls for this Medium
Density Mixed -Use Neighborhood to be co -located in conjunction with
Neighborhood Commercial Center. This parcel, even if re -designated Medium
Density Mixed -Use Neighborhood, would still be co -located with and adjacent to
the Neighborhood Commercial Center immediately to the west. Also, this parcel
is a part of a 5-acre block of land surrounded by streets on all four sides. The
southerly 2 acres in this block are undeveloped and designated Medium Density
Mixed -Use Neighborhood.
Loss of a small parcel of NC zoning. Many of the permitted uses in the
Neighborhood Commercial are also found in the Medium Density Mixed -Use
Neighborhood District, and vice versa. Staff finds that the 3 acres are not a
significant loss of Neighborhood Commercial in this area.
4. Rezoning Request
The applicant initially filed a rezoning petition with the City on July 7, 2006. The
current request is to rezone a 3.9 acre parcel, from NC - Neighborhood
Commercial to MMN - Medium Density Mixed -Use Neighborhood.
New Dawn Fort Collins (Rigden Farm) Rezoning and Structure Plan Amendment
September 21, 2006 P & Z Meeting
Page 2
2: This property is part of a 5-acre block that is surrounded on all four sides
by public streets, with the southerly 2 acres already zoned Medium
Density Mixed -Use Neighborhood.
3: An independent living facility (residential use) has recently developed on
the property directly to the north, on the opposite side of Limon Drive.
4: Reduction in the size of the Neighborhood Commercial District by 3.9
acres will not have a negative impact on the surrounding area. The
remaining 16 acres of developed and undeveloped NC -zoned properties
will provide essential neighborhood goods and services as envisioned
under City Plan.
Staffs perspective is that these considerations adequately support a conclusion
that the Structure Plan could be changed in response to this request. The new
designation would then support the requested rezoning to Medium Density
Mixed -Use Neighborhood.
The applicant has expressed the intent to construct a Long -Term Care Facility
(assisted living) on the property and the use is not permitted in the NC District.
BACKGROUND AND EXPLANATION:
1. The Site:
The site proposed for rezoning is currently an undeveloped 3-acre parcel of land
in the Rigden Farm development.
The adjoining existing zoning and land uses are as follows:
N: NC, MMN: existing independent living facility (Spectrum, a residential
use)
S: MMN; undeveloped
E: MMN; undeveloped
W: NC; undeveloped
The property was annexed into the City of Fort Collins as part of the Timberline
Annexation in June, 1997.
2. Context of the Proposed Structure Plan Amendment
The City Structure Plan is the primary basis for zoning decisions. An amendment
is a prerequisite to this rezoning request.
ITEM NO.9
MEETING DATE 4/21/06
STAFF Steue Olt
City of Fort Collins PLANNING AND ZONING BOARD
STAFF REPORT
PROJECT: New Dawn Fort Collins (Rigden Farm) Rezoning and
Structure Plan Amendment, #56-98AL
APPLICANT: R&R Engineers - Surveyors
c/o David Meyer
710 West Colfax Avenue
Denver, CO 80204
OWNERS: Rigden Farm, LLC
1027 West Horsetooth Road, Suite 200
Fort Collins, CO 80526
PROJECT DESCRIPTION:
This is a request to amend the City Structure Plan and zoning map on a 3.9 acre
parcel located at the southeast corner of Iowa Drive and Limon Drive, in the
Rigden Farm development.
The current City Structure Plan designation is Neighborhood Commercial Center,
with zoning the corresponding NC - Neighborhood Commercial District.
The applicant proposes a Structure Plan amendment on 3.9 acres to Medium
Density Mixed -Use Neighborhood.
Proposed zoning is the MMN - Medium Density Mixed -Use Neighborhood
District.
RECOMMENDATION
Approval.
EXECUTIVE SUMMARY:
Four main considerations underlie Staff support for this Structure Plan
amendment and rezoning request:
1: The properties to the north, east, and south are currently zoned MMN -
Medium Density Mixed -Use Neighborhood.
COMMUNITY PLANNING AND ENVIRONMENTAL SERVICES 281 N. College Ave. P.O. Box 580 Fort Collins, CO 80522-0580 (970) 21-1-6750
PLANNING DEPARTMENT